BBT ALATENN, LLC — Warning Letter

32024026WL_Warning Letter_02232024_(23-264472)_text.pdf, page 1Official PDFWARNING LETTER VIA ELECTRONIC MAIL TO: rcasadaban@blackbearllc.com; lbonner@blackbearllc.com February 23, 2024 Mr. Rene Casadaban President and Chief Executive Officer Black Bear Transmission, LLC 1501 McKinney St. Suite 800 Houston, TX 77010 CPF 3-2024-026-WL Dear Mr. Rene Casadaban: From March 21, 2023 through November 3, 2023 of the on-site inspection, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Black Bear Transmission, LLC (“BBT”) pipeline facilities and records in Muscle Shoals, Alabama. As a result of the inspection, it is alleged that BBT has committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable violation is: 1. § 191.29 National Pipeline Mapping System. (a) . . . . (b) The information required in paragraph (a) of this section must be submitted each year, on or before March 15, representing assets as of December 31 of the previous year. If no changes have occurred since the previous year's submission, the operator must comply with the guidance provided in the NPMS Operator Standards manual available at www.npms.phmsa.dot.gov or contact the PHMSA Geographic Information Systems Manager at (202) 366-4595 BBT failed to make annual submittals to the NPMS. During the inspection, in response to PHMSA’s request for documentation of geospatial data submitted to PHMSA, BBT failed to provide records that any information was submitted for calendar years 2019 and 2021, as required, before March 15, 2020 and March 15, 2022, respectively. Therefore, BBT is in violation of § 191.29(b).#

32024026WL_Warning Letter_02232024_(23-264472)_text.pdf, page 2Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related series of violations. For violation occurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related series of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related series of violations. For violation occurring on or atter July 31, 2019 and betore January 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related series of violations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679. We have reviewed the circumstances and supporting documents involved in this case, and have decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We advise you to correct the items) identified in this letter. Failure to do so will result in Black Bear Transmission, LLC being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 3-2024-026-WL. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b). Sincerely, Gregory A. Ochs Director, Central Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration CC: Larry Bonner, VP of Operations (Ibonner@blackbearllc.com)#